Nicholas Luce smashed family’s phone in Torquay restaurant because it was too loud

A furious diner who snatched a mobile off a six-year-old boy and threw it across the road because he was watching loud movies has been told to “just suck it up” in court.

canva two way split for court story

A Torquay man’s short temper with a six-year-old boy who watched loud movies on a mobile in a Japanese restaurant has landed him in court.

Nicholas Frederick Luce, 42, pleaded guilty in the Geelong Magistrates Court on Tuesday to affray, intentionally damaging property and unlawful assault.

Luce was eating at the Sober Ramen restaurant in Torquay on February 11 when he became agitated with a couple who were letting their child watch videos on their phone.

Police prosecutor First Constable Alex Turner said Luce asked the family to turn the volume down.

A few moments later, after the family placed the phone on the table, Luce got up and said “the people in this restaurant don’t have to hear this s---”.

Luce stood up and grabbed the phone from the mother, walked out the front of the eatery and threw the phone, which landed on the other side of the road.

When Luce returned, the father of the child confronted him.

Luce responded with “what are you going to do about it” before shoving the man into the restaurant counter.

Luce then left the restaurant in an “aggressive” and “enraged” state.

The six-year-old suffered short-term trauma from seeing his parents assaulted, the court heard.

Constable Turner said the boy had become withdrawn and did not want to talk about what he had witnessed.

Luce’s lawyer said his client was undergoing some personal issues at the time, but was willing to put his hand up for the offence.

“It was a horrible combination of factors which led to his unsatisfactory behaviour,” his lawyer said.

Magistrate Franz Holzer sentenced Luce to a six-month good-behaviour bond with no conviction.

“Put yourself in the shoes of the other patrons in the restaurant,” Mr Holzer said.

“However annoying that might be in the circumstances, you just have to suck it up,” he said.

Originally published as Nicholas Luce smashed family’s phone in Torquay restaurant because it was too loud